Utah Appellate Court Affirms Immunity in Drainage Pipe Case

SALT LAKE CITY - Utah's Governmental Immunity Act precludes a suit against municipal officials accused of negligence in the installation and design of drainage pipes, an appellate court decided Feb. 3. Cook v. City of Moroni, No. 2030383-CA (Utah App.).

Mark and Nanette Cook sued the City of Moroni after flood waters damaged their property and led to mold contamination. They blamed the flood in August 2001 on the city's decision to replace an 18-inch drainage pipe along their street with a four-inch pipe.

The trial court found that the city's actions were an exception to the waiver of immunity …